Estillore

MEMORANDUM **

An Immigration Judge (“IJ”) found Virgilio P. Estillore, a native and citizen of the Philippines, excludable on the basis of various misrepresentations he made upon his entry into the United States and in his application for naturalization. Estillore subsequently sought a waiver of exclusion and made a request for voluntary departure under §§ 241(a)(1)(H) and 244(e) of the Immigration and Nationality Act (“INA”). The IJ denied both the application for a waiver and the request for voluntary departure. The Board of Immigration Appeals (“BIA”) affirmed these rulings, and this appeal followed. For the reasons set forth below, we affirm the denial of Estillore’s application for a waiver of exclusion, and dismiss Estillore’s appeal of the BIA’s decision on voluntary departure.

I. Application for a § 241(a)(1)(H) Waiver of Exclusion

Because Estillore was in deportation proceedings prior to April 1, 1997, this case falls under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”). See IIRIRA § 309(c). Pursuant to these rules, we apply pre-IIRIRA law in reviewing the BIA’s denial of § 241(a)(1)(H) relief, 1 which directs us to…